Tag: employment contract

Supreme Court of Canada: Vague Non-Compete Clause is Useless

by Derek Knoechel Morley Shafron sold his Vancouver-based insurance agency business in 1987 for $700,000 in cash and shares. He became a shareholder and director of the surviving company and agreed to provide management services. The agreement included a non-competition clause that would take effect if he left the company. The clause would prohibit him […]

Protecting Your Business from Departing Employees

by Derek Knoechel Sophisticated employers in Canada recognize that the potential costs associated with employee turnover extend far beyond the cost of replacing departing employees. Departures can also place critical business assets at risk. A departing employee may engage in the unauthorized use or disclosure of confidential information ranging from technological know-how, product roadmaps and […]

Challenging Times in Canada Present Opportunities for Creative Solutions

by Katie Clayton In this economic climate in Canada, many employers are being forced to find ways to reduce costs, which often means layoffs. But layoffs don’t have to be the only answer — you can reduce costs without losing valuable employees. One way businesses can do so is to slightly reduce their employees hours […]

Can You Unilaterally Change an Employment Contract?

by Brian Smeenk Suppose you want to change an important term of your Canadian employee’s employment contract, such as the bonus plan, future salary adjustments or the termination package. Can you do it without the employee’s agreement? If so, how? Western Inventory Service Ltd. recently found out the hard way that it couldn’t unilaterally alter […]

The Basics of Canadian Employment Contracts

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault So you’ve hired a new employee. Should you put it in writing? If so, what should it look like? What do you include? What is better left out? If you decide against an employment contract, what will the terms and conditions […]

What Company Should Employ Your Expats in Canada?

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault When you send an employee to work in Canada, what company should be named as the employer? Your U.S. company? A Canadian subsidiary or affiliate? Perhaps your parent company? Why is this important? It’s important to be clear about which company […]

How Will Your Business Respond to Family Day?

by Brian Smeenk, formerly with McCarthy Tetrault A new statutory holiday, Family Day, has been declared in the province of Ontario. It will be celebrated on February 18. In subsequent years, it will fall on the third Monday of each February. Employers should begin considering how their organization will respond. In particular, employers should begin […]

What Is an Employee’s ‘Duty of Loyalty’?

Samuel Goldwin, the legendary movie producer, was famous for lines like, “A verbal contract isn’t worth the paper it’s written on.” When he was dealing with employees, one of his favorite sayings was, “I’ll take 50 percent efficiency to get 100 percent loyalty.” What does that have to do with employment law? Loyalty. In the […]